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Public Prosecutor v Naline [2007] VUSC 78; Criminal Case 08 of 2007 (19 September 2007)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Held at Isangel, Tanna)

Criminal Case No.08 of 2007

BETWEEN:

PUBLIC PROSECUTOR

AND:

JACK NALINE

Ms Kayleen Tavoa, Public Prosecutor
Mr Peter Bartels & Kevin Nathan for the Defendant

JUDGMENT

Jack Naline, this is your sentence in this case. You pleaded guilty to the offence of Arson, contrary to Section 134(1) of the Penal Code Act [CAP.135]. The facts show that on 17 December 2002, you deliberately set fire to the sleeping house of your father in law and your own kitchen. You are charged with the burning down of your father in law’s sleeping house but not your own kitchen.

On 17 December 2002, your father in law, Daniel Ialah was not at home when the incident occurred. You had arrived at the home of your father in law and told your mother in law and your wife to remove everything from inside the house. Your mother in law and your wife saw that you were very angry so they did what you told them to do. Your father in law had hidden some money (VT40,000) in the roof of the house. This was unknown to your mother in law and your wife so they did not remove the money and it was destroyed by the fire you set.

Your mother in law, Mwei Daniel, then, removed all their belongings from inside the house and put them outside. You took a coconut leaf that was burning and set fire on the house.

After burning the sleeping house you then set fire to the kitchen. You said you burnt down the houses because you were angry because you wife was gone too long that made you very angry so you set fire to your father in law’s sleeping house.

Jack Naline, let me remind you that cases of arson are very serious criminal offences as recognized by law. They carry a maximum penalty of 10 years imprisonment.

In the present case, for whatever reasons, you may advance, they are not excusable in the eyes of the law. This was a tragedy. Instead of you communicating with your wife or instead of requesting the return of your wife, you set fire to the house your wife, children and your in law parents lived in on 17 December 2002. The followings are aggravating features:

1. Deliberated destruction of a residence (sleeping house).
2. Displacement of a family with children.
3. Loss of valuable property such as money of VT40,000.
   

Your lawyer told the Court that you are 39 years old. You are married with children. You are employed by White Grass Ocean Resort. This was confirmed by the same day report provided by the Probation Officer, Mr Sam Kapalu, dated 19 September 2007.

You are a first time offender and you plead guilty to the offence as charged. The Court is informed that the offence occurred in 2002 and you were charged of it and dealt with in September 2007, some 5 years after the incident.

You told the Court through your counsel that you got paid 5,000 VT to 7,000VT every two (2) weeks. You established good relationship with your in law parents and you lived peaceful again with them since a custom ceremony is done by you to clear and clean your faces with them as a sign of reconciliation.

The Court is informed you had rebuilt a house to replace the one you destroyed by fire back in 2002. You again repaired that house and you completed the repair last month.

The following cases are referred to the Court: PP v. Denis Noses, CR 7 of 1991; PP v. Jimmy Lele, CR31 of 2003.

I have considered to sentence you to fine in the light of the cases of PP v. Denis Noses and PP v. Jimmy Lele. However, bearing in mind of the fact that you are the only bread winner of a family of 5 children with wife, fine is not an appropriate penalty.

I reminded counsel of the case of PP v. Bosen Napu, CR 02 of 2007 issued at Isangel, Tanna on 13 April 2007.

I sentence you on the same basis as the one imposed in the latter case. If I had to deal with your sentence back in 2002, I would have sent you straight to custody.

You are therefore convicted of the offence of Arson, contrary to Section 134(1) of the Penal Code Act and sentenced to perform community work pursuant to Section 58N of the Penal Code Act (as amended).

ORDER

Jack Naline, you are sentenced to perform 80 hours community work pursuant to Section 58N of the Penal Code Act [CAP.135].

14 days to appeal.

DATED at Isangel, Tanna this 19th day of September 2007

BY THE COURT

Vincent LUNABEK
Chief Justice